Spencer v. Childs

Appellate Division of the Supreme Court of New York

Spencer v. Childs

286 A.D. 996, 144 N.Y.S.2d 712, 1955 N.Y. App. Div. LEXIS 4889

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 4, 1955

StatusPublished

This text of 286 A.D. 996 (Spencer v. Childs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spencer v. Childs, 286 A.D. 996, 144 N.Y.S.2d 712, 1955 N.Y. App. Div. LEXIS 4889 (N.Y. Ct. App. 1955).

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Opinion

No opinion. Concur — Breitel, J. P., Bastow, Botein and Rabin, JJ.; Cox, J., dissents and votes to reverse and dismiss the complaint in the following memorandum: This court heretofore upheld the sufficiency of the complaint (283 App. Div. 788). On the trial of the action, plaintiff failed to sustain the burden cast upon her by the law. There is a complete failure of proof to establish that the testatrix intended that the words in paragraph 3d of the testatrix’ will should constitute a mandatory direction to her children to make the payments therein set forth. The judgment should be reversed and the complaint dismissed.

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No opinion. Concur — Breitel, J. P., Bastow, Botein and Rabin, JJ.; Cox, J., dissents and votes to reverse and dismiss the complaint in the following memorandum: This court heretofore upheld the sufficiency of the complaint (283 App. Div. 788). On the trial of the action, plaintiff failed to sustain the burden cast upon her by the law. There is a complete failure of proof to establish that the testatrix intended that the words in paragraph 3d of the testatrix’ will should constitute a mandatory direction to her children to make the payments therein set forth. The judgment should be reversed and the complaint dismissed.

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Bluebook (online)

286 A.D. 996, 144 N.Y.S.2d 712, 1955 N.Y. App. Div. LEXIS 4889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-childs-nyappdiv-1955.